HomeMy WebLinkAbout1989-05-02; City Council; MinutesI 1 0 0
MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: May 2, 1989
Time of Meeting: 6:OO p.m. I\\
Place of Meeting: City Council Chambers COUNCIL % ?&$
MEMBERS 2. 8 Z. 8
CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the Deputy City Clerk, as
fol lows:
Present: Council Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Mamaux.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held April 18, 1989, X Lew i s
were approved as amended. Kulchin xx
Pett i ne X
Mamaux X
Larson X
PRESENTATION:
Mayor Lewis read a Proclamation declaring May 14 - 20,
1989, as NURSING HOME WEEK. The Proclamation was
accepted by Jeff Jones, Administrator of the Lutheran
Health Facility.
Mayor Lewis read a Proclamation declaring the month of
May as OLDER AMERICANS MONTH. The Proclamation was
accepted by Lloyd Rochambeau, Administrator of the
Carlsbad by the Sea Retirement Home.
Employee Suggestion Awards
Marsha Payne, Acting Personnel Director, presented a
check for $25.00 to Pat Stuckrad of the Finance
Department for recommending a revision of the Location
Map located in front of the City Hal 1 complex.
Randee Harlib, Secretary to the City Attorney, was
presented a check for $100 for suggesting creation of a
floater classification for clerical and secretarial
duties.
Steve Pearce, Maintenance Worker II in the Street
Department, was presented a check for $1,000 for
suggesting putting a liquid plastic coating on the face
of the meters to rejuvinate them, eliminating the need
to replace meters and saving the City thousands of
dol lors.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, Lew i s X
as follows: Kulchin X
Pett I ne X
Marnaux xx
L arson X
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CONSENT CALENDAR: (Continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
(99) 1. AB #10,000 - ACCEPTANCE OF OFFSITE PUBLIC
IMPROVEMENTS - RISING GLEN - CT 83-20.
Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds; and directed the Utilities and
Maintenance Department to commence maintaining the public streets associated with CT 83-20.
(99) 2. AB #IO,OO1 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SEA GATE VILLAGE - CT 82-24.
Council accepted improvements, authorized the
City Clerk to record the Notice of Completion, relese bonds, and directed the Utilities anad
Maintenance Department to commence maintaining the public streets associated with CT 82-24.
(99) 3. AB #10,002 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - LA COSTA RACQUET CLUB - CT 84-07.
Council accepted the improvements, authorized the Clty Cierk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public streets associated with CT 84-07.
(113) 4* AB #10,003 - APPROVING AN AMENDMENT TO THE EXISTING
PRECISE DEVELOPMENT PLAN - PHASE IV EXPANSION - ENCINA WATER POLLUTION CONTROL FACILITY - PDP 1(C).
Council adopted RESOLUTION NO. 89-131, approving an amendment to the existing Precise Development Pian
for the Phase I V expansion of the Encina Water
Pollution Control Facility located at 6200 Avenida
Encinas.
(99 ) 5. AB #10 , 004 - ACCEPTANCE OF PUBL IC IMPROVEMENTS - VISTA PACIFICA/LAS PLAYAS - CT 83-2, UNIT 7.
Council accepted improvements, authorized the City
Clerk to record the Notice of Completion, reiease bonds, and directed the Utilities and Maintenance
Department to commence maintaining the pubtic
streets associated with CT 83-2, Unit 7.
PUBLIC COMMENT:
There were no requests to address Council.
PUBLIC HEARING:
(110) 6. AB #9971 - CROSS-CONNECTION CONTROL PROGRAM.
Larry Wi I ley, Uti 1 ities/Maintenance Department, gave the staff report as contained in the Agenda Bill.
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PUBL IC HEAR I NG: (Cont i nued)
Mayor Lewis opened the Public Hearing at 6:13 p.m., and
issued the invitation to speak. Since no one wished to
speak on this matter, the Pub I ic Hearing was closed.
Council adopted the following Ordinance:
ORDINANCE NO. NS-62, AMENDING TITLE 14, CHAPTER 14.08
OF THE CARLSBAD MUNICIPAL CODE BY REPEALING SECTION
14.08.010 AND ADDING CHAPTER 14.12 RELATING TO CROSS-
CONNECTION CONTROL PROGRAM AND ADOPTING ARTICLE 1 OF
GROUP 4 OF SUBCHAPTER 1 OF CHAPTER 5 OF TITLE 17 OF THE
CALIFORNIA ADMINISTRATIVE CODE.
Lewis
Kulchin
Pett i ne
Mamaux
Larson
DEPARTMENTAL AND CITY MANAGER REPORTS: I
7. AB #10,009 - CONTRACT FOR SENIOR CENTER ARTWORK.
Connie Beardsley, Arts Manager, and Joe Bear, Chairman
of the Arts Commission, gave the staff report, with Mr.
Bear narrating a slide presentation showing public art
throughout the world. Mr. Bear also described the
fifteen-month process followed by the Arts Commission
and the Selection Committee in making the selection of
art for the Senior Center.
Ms. Beardsley concluded the report, explaining the
procedure used to notify the citizens that the
maquettes of the three finalists for the Senior Center
artwork were on display.
Hope Wrisley, 2080 Basswood Avenue, stated she was not
present to discuss the butterflies, but to state that
she was pleased with the Arts Commission, and was aware
that the Members represented many different points of
view. She felt that when that Comission comes to
Council with a recommendation, Council should go along
with them; adding that only if that recommendation were
something unfitting or beyond budget, should it be
denied. Ms. Wrisley concluded, stating if the Counci 1
did not support the Commission, then they should
disband it.
Dorrie Ritchie, 3379 Garibaldi Place, Senior
Commissioner and Member of the Selection Committee,
commented on the process and decisions made over the
fifteen-month period, as they pertained to the Senior
Commission. She listed at1 the reports made to the
Senior Commission and stated that although their
meetings are open to the public, no one spoke about the
art work or indicated any problem. She spoke in favor
of adopting the recommendation of the Arts Commission.
Jackie Wrench, 3531 Charter Oak Drive, President of the
Board of Directors, Carlsbad Arts Associates, spoke in
favor of the artwork selection, stating that the
protest to this selection offended the Arts Associates'
sense of fairness. She said those in opposition felt
that the present users should be the only ones to be
considered. Ms. Wrench said that this is a public
building, built with public funds, and the decision
shou Id be by other than just some of the users.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Ms. Wrench stated her group had shown the slide
presentation to many groups and submitted petttions
supporting the fairness of the selection process, stating that 70% of those contacted during this period
were in favor of the artwork. She asked Council to
support the Arts Commission's recommendation.
Patricla Feille, 2160 Janis Way, a Member of the
Selection Committee, stated the Committee worked hard
to make a selection. She felt the City was very
fortunate to have Christine Oatman submit work to them,
and to have her work on display would be a plus for the
City. She asked Council to support this selection of
artwork.
Anna Knox, 1860 Highridge, spoke about volunteers,
stating they are very valuable to the community. She
asked Counci I not to undermine the work of the
Selection Committee, as they established and fol lowed a
a set plan. If that recommendation were overturned, it
might send a message to ai I volunteers that, if you
don't like something, don't follow the rules, but wait
until the process is completed and then begin the
protest. Ms. Knox asked Counci 1 to uphold the
Selection Committee's recommendation as presented by
dedicated community volunteers.
Patra Straub, 542 Oak Street, Member of the Arts
Commission, spoke in favor of the artwork, stating that
Council would choose to reward one particular type of
behavior tonight and she commented on the different
types of response to the select ion of artwork.
George Heard, 2279 Lisa Street, Member of the Senior
Commission, spoke on behalf of the recommendation of
the Arts Commission. He said the process was
professional and well-rounded without any blemish, and
he felt the artwork was the best one for the part of
the bu i 1 ding it was to decorate.
Mr. Heard said the art piece is not controversial, but
the people make it controversial. He said he would
iike to think that the City has the ability to take a
bold step and have a piece of fine artwork to decorate
the Senior Center.
Linwood Van, 2603 Avenida De Anita, Chairman of the
Senior Commission, spoke in opposition to the artwork,
stating he did not feel the butterfly piece was an
integral part of the Senior Center building design. He
said Commissioners Maggio, Savary and he joined wih the
School Board in requesting that no artwork be instailed
in the building until after it has been occupied by the
seniors and the School Administration.
David Castner, 1550 Sunrise Circle, representing the
Senior Citizens Assoclation, spoke in opposition to the
artwork, stating that in less than eight hours 187
signatures had been collected rejecting the artwork--and
this was by those who use the center.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Castner stated that everyone agrees that butterflies
in nature are beautiful, and he was not against the
sculpture, per se, but was against what they want to do
with it. He felt the selection was incredibly poor, as it represents the last stage in the life cycle and said
seniors di d not need to be reminded of how far a long
life's path they had progressed when he entered that
bui Iding.
Mr. Castner said he saw the slide presentation three
times and how alleged art has been inflicted on the
public by arts commissions and arts groups throughout
the United Stated and Europe. He said the seniors
would not be able to ignore these butterflies suspended
from the ceiling and with shadows in the floor--with 30
of them to remind the seniors of their demise. This
would also preclude having any murals on the walls.
Mr. Castner sai d the purpose of the new center was to
enrich the lives of the seniors, raise their spirits
and make life more enjoyable and useful---not to drive
them into fits of depression. He said this project has
subjected the seniors to ridicule and disrespect. He
felt the Arts Associates and Arts Commission had missed
the point of what the seniors stand for.
Mr. Castner said there was only one governing body in
this City, and the seniors had enough by extending this
process for five months. However, he concluded, he
would support the Council decision, whatever it was.
Ruth Sherwood, 5238 Carlsbad Boulevard, stated the
members of the Senior Association Board do not think
butterflies are for that building--but maybe some other
building. She said many seniors are on crutches or use
canes to walk, and even some are in wheelchairs. Ms.
Sherwood said with walking on a tile floor with constant
motion above, those people will lose their balance. For
that reason, she felt the artwork was dangerous.
Peggy Savary, 6528 Persa Street, President of the
Senior Citizens Association and a Senior Commissioner,
spoke in opposition to the artwork, stating it would be
dusty, dangerous and depressing, and was an expenditure
of too much money for something that was not wanted.
She said that two equal governing bodies (the Senior
Commission and the School District) had voted against
th is artwork and they shou 1 d be al lowed to choose the
art at the proper time.
Council Member Larson stated the system was fair and
open and there had been opportunity for the public to
participate. He said if Council does not adopt the
recommendation, this might discourage some of the
volunteers and they might be lost to the City. However,
he added that Council sometimes does vote against
recommendations of the Commissions, but he felt this was different. This decision does not interfere with the
function and financial decision, and if Council wants to
make the aesthetic decision on every piece of art, then
the process should be cut down and Council should deal
with the artists.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Larson said Council should agree to accept
controversy with regard to public art. However, it is
i n pub I ic p 1 aces and does not ref lect on the users and
the building. He stated he supported the Arts
Commission's recommendation.
Counci I Member Ku lchin stated she thought the
butterflies were beautiful and the selection process
was fair, and art will always be controversial. She
said the volunteers for the City are appreciated and she felt the behavior was rational on both sides of thls situation. Mrs. Kufchin said she had a hard time
with telling people something was good for them and
they would grow to 1 ike it. She said she cou Id not support the recommendation for the Senior Center, but
perhaps the artwork cou 1 d be placed in some other
p l ace.
Council Member Mamaux stated that the Committees worked well together on the design of the Senior Center
Building. He stated he was not critical of public art,
but this particular piece and location. There are two
tenants--the School District Administration and the
Senior Association, and he said he could not agree to place the butterflies in a building where the tenants
did not want them.
Council Member Pettine agreed it would be difficult to
force something on the tenants that they did not want
and he did not want to force his views on the seniors.
He felt this was not a typical public building--but a special place. Mr. Pettine said he could not support
the artwork at this site. He suggested the Arts
Commission look at the new library site as a possible
locat ion for this artwork.
Mayor Lewis stated the selection process was followed to
the letter; however, he felt the artist should have talked to those who will use the building, and would like to see such a requirement when the City has a special project on line. Mayor Lewis said that if all the public uses a building, that is different from the
use planned for this building. He suggested waiting a year before this matter is considered again.
Council determined that no artwork be chosen for the Lewis xx
Senior Center until one year after the building has Kulchin X
been completed and suggested that the Arts Commission Pett i ne X
look for another site for the Butterfly Sculpture. Mamau x X
Larson
RECESS :
Mayor Lewis declared a Recess at 7:25 p.m., and Council re-convened at 7:33 p.m., with all Members present.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) I 8. AB #10,005 - CALAVERA HILLS WATER RECLAMATION PLANT - STATUS REPORT.
Lloyd Hubbs, City Engineer, introduced this itemm,
giving a history of how the Calavera Hills Water
Reclamation Plant got there and facts about the plant
and the cost to activate it. He also explained the
lease with the City of Vista.
Ralph Anderson, Utilities/Maintenance Director,
continued the report, giving the results of the testing
procedure and the long-term picture, using
transparencies and a slide presentation.
Mr. Hubbs concluded the report stating information was needed as to whether the plant was environmentally
compatible to the neighborhood and has a role in the
long-term waste water treatment program and long-term
water reclamation program for the City. Staff
recommendation was to obtain this information before
maklng any recommendation on the status of the plant.
He did state that the plant must remain in place until
the Encina expansion is complete, due to the provisions
of the V ista lease.
Bob Hahnel, 2692 Glasgow Drive, President of HANEC
(Homeowner Associations of N.E. Carlsbad), stated he
thought this plant was abandoned and the homeowners were to Id February 6 about the {ease with V ista. Many
owners in the area did not know the plant was usable
until the equipment started up.
George Smith, 4378 Stanford Street, told of a petition
sent to Council with nearly 500 signatures of Calavera
Hills residents, and stated they were wiiling to
submit to this 60-day testing period without threat of
legal action, but after the test they wanted the plant
dismantled forever.
Mr. Smith said no homeowners signed odor easements, as
they were not included in the CC&R1s and the City did
not follow through to see that they had been omitted by
the developer. He said that many people would not have
purchased there if the facts had been given to them.
He asked Counci I to dismantle the plant and close it
down and give the residents an answer now.
Allan Van Soest, 4326 Stanford Street, stated the plant
was not needed; It is too costly to operate; the
experts agree it shou 1 d not be activated and it is not
useful as a last resort. He asked that the plant be
dismantled now.
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Jim Rankin, 4358 Stanford Street, representing The
Summit, spoke in opposition, stating this information
should have been in the CC&R's, but the developer did
not include it. He said the plant has many problems, including the odors and the noise. He used a
transparency to show the economic analysis to operate
the plant, stating the City would lose $445,579 a year.
He suggested using this area for open space, a park or
the planned veterans1 memorial.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Hans Lindenskov, 2688 Glasgow Drive, Vice-president of
HANEC, spoke in opposition to the plant, stating he
wanted it removed, as it should not be located in a
residential area.
Wayne Parker, 4019 Crescent Point Road, representing
Calavera Hills Homeowners, spoke in oppositTon to the
plant, stated the homeowners are required to disclose
this plant?s existence, but the developer did not
divulge that information. He felt that was unfair to
the present homeowners and unjust that the developer had
not disclosed this. He stated that if this plant were
to be a1 lowed to operate, it cou Id affect the
des irabi 1 i ty of one of the mst upscale areas of
Car lsbad.
DennTs Meehan, 3981 Gloria Lane, representing Foote
Development, stated Foote Development purchased four
parcels of land in the early 80's. He said the land was
developed as CT 84-35, The Summit. He stated that
residents of The Summit were innocent victims because
they were not served by this plant, and no amount of
research would have led them to the conclusion that this
plant was a problem and would be operated.
Mr. Meehan saT d as soon as Foote Development was aware
of the operation, this information was passed along to
prospective buyers. He said there was no odor easement
over Summit property, no mention in the conditions and
no mention of a sewage plant. Mr. Meehan said if the
Clty had planned to use this plant, they should have
required notification to all homeowners in that area.
Mr. Meehan said the agreement with Vista had been
honored and the study would not be available until next
fall. He suggested Council pass a resolution prior
to any permanent operation of this plant proposing a
new facility and a new EIR, complete with public
hear i ngs.
Mr. Meehan said he was told the same thing as the
homeowners--that the facility was a "white elephant".
He concluded, stating The Summit was not part of the
Ca lavera Hi 1 Is Master P Ian area.
Terri Schools, 4374 Stanford Street, spoke in
opposition, stating they live just above the plant and
the plant, duri ng testing, was noisy and gave off
odors. She said they had been deceived by everyone
regarding this plant, wTth the developer sayTng this was
a clean water plant. Ms. Schools said they were told
they had signed an odor easement, but the City found no
such agreement. She asked for the plant to be
dismantled.
Jane Dunmeyer, 4382 Stanford Street, spoke of the
opposition of many citizens to this plant, and told of
the sewage having to be pumped in and out of the plant.
She felt the City and staff had not addressed the
operation in a residential neighborhood, and added that
Encina was capable of hand I ing the sewer problem at a
lower cost. Ms. Dunmeyer requested a statement from the
City giving a definite date when the plant would be
dismantled.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) I
Winnie Averi 11, 2673 Sausalito, stated she is a Realtor
and told of showing homes to prospective buyers and
having them state they did not want to purchase in Alta
Mira because of the Encina plant location. She thought
it was unfair that the residents in The Summit must now
reveal to prospective buyers that the reclamation plant
is located in that area, when the deve ioper di d not.
Mayor Lewis commented that the former Counci I was
concerned that buyers were to be made aware of the
existence of that plant, but somehow the condition
was not included in the conditions placed upon the
deve 1 oper.
I n response to Counci I query, staff indicated the
Calavera plant buildings are used at this time as a
headquarters for the maintenance staff, and it wou i d be
costly to raze the bui Idings.
Counci 1 Member Mamaux related the history of the
building of the plant and suggested establishing a
watch committee that staff cou Id contact in case the
City decided to do something with the plant. He said
the lease with Vista is valid until 1992, and the piant
must be kept unti i then.
Councl I Member Larson reiterated that the lease with
Vista is valid unti I 1992, and without that lease,
operation of this plant would be closer to the top. He
recommended waiting until the water reclamation report
is complete before the City took any action. Mr. Larson
said the City would be into reclaimed water at a later
time in a big way. He said he would be willing to look
at the alternatlve of dismantling the plant once the
water reclamation plan is before Council.
Counci I Member Ku Ich i n agreed nothing cou I d be done unti
after 1992, and after the Water Reclamation Master Plan
is presented, the dismant I i ng cou I d be considered and
the basic costs involved. She asked for that to be
included as part of the water reclamation report.
Counci I accepted the staff report and requested that
information regarding costs and effects of dismantling
the Ca I avera H i 1 Is P lant be brought back as part of the
Water Reclamation Master Pian.
RECESS :
Lew is
Kulchin
Pett i ne
Mamaux
~ Larson Mayor Lewls declared a Recess at 9:08 p.m., and Counci I
re-convened at 9:12 p.m., with al i Members present.
9. AB #9999 - NAMING OF THE LIBRARY BUILDING AT THE
CIVIC CENTER.
Library Director C i ifford Lange gave the staff report
as contained in the Agenda Bill.
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Counci I, by minute motion, approved the recomendation
the 1 i brary system is The Car isbad City Library”.
X Larson of the new 1 lbrary bui 1 ding, and the official name of
xx Mamau x Library. That naming will occur after the completion
X Pett i ne bui lding at the Civic Center, The Georgina Cole
X Ku Ich in of the i ibrary Board of Trustees to name the 1 i brary
X Lew is
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
10. AB #10,006 - ESTABLISHMENT OF SPEED LIMIT ON
PORTION OF PALOMAR AIRPORT ROAD.
Bob Johnson, Traff ic Safety Engineer, gave the staff
report as contained in the Agenda Bi I I.
Counci 1 introduced the fol lowing Ordinance:
ORDINANCE NO- NS-67, AMEND ING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.330 TO ESTABLISH THE SPEED LIMIT UPON
PALOMAR AIRPORT ROAD FROM EL CAM1 NO REAL TO THE
EASTERLY CI TY LIMIT.
11. AB #10,007 - APPOINTMENT TO HISTORIC PRESERVATION
COMMISSION.
This item was continued to May 9, 1989.
Lewis
Kulchin
Pett i ne
Mamau x
Larson
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12. AB #10,008 - DISCUSSION OF McCLELLAN-PALOMAR
A I RPORT.
Counci I Member Mamaux asked for clarification on the
position of Council on policy matters, stating he
br i ngs pol icy matters before Counci I and asked why
Counci I input was not considered on the budget
submitted to the Board of Supervisors by the Airport
Committee.
Counci I Member Pettine said that the poi icy of the City
is and will always be to promote safety at the Palomar
Airport. He said that staff looked at this and took the
position that it was consistent with the City policy.
Ill
Counci 1 Member Mamaux asked what the City w1 I I do about
Pa lomar A irport Road and the i nabi I ity to ask the County
to include that road in their budget and live up to
their obligations. He felt there should have been
Counci I input on that. He said when the County
presents its budget, that is the only chance Car lsbad
has to ask for help in the widening of Palomar Airport
Road. He felt Counci 1 policy should be as a unit and
not as one.
Mayor Lewis stated that when there is a policy decision
to be made, it shou Id be by ai 1 five Members of
Counci I.
Counci I Member Mamaux requested that the Representative
take the Counci I questions to to the Advisory Committee
meeting and add to that Mr. Kindle's request for
information, study and response to complaints about low-
flying airplanes. He stated he would like a written
response.
City Manager Ray Patchett stated that the County is
p lanni ng a new term1 na I and off ice bu i I di ng and the
City's Engineering Department has conditioned the permit
w Ith improvements where the County wns land contiguous
to Pa lomar A irport Road.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
By consensus, Counci I requested the City's
representative on the Palomar Airport Advisory
Committee to forward Mr. Mamaux's concerns, contained
i n his memorandum of March 27, 1989, to the Committee
for response. Also included was Mr. Kindle's request
for information relative to complaints about low-f lying
airplanes.
COUNC I L REPORTS :
Council Members reported on recent meetings and
activities of the Committees and Sub-Committees of
w h ich they are Members.
ADJOURNMENT:
By proper motion, the Meeting of May 2, 1989, was
adjourned at 9:57 p.m.
Respectfu I ly submitted,
<%3%
%eputy C i ty C I erk
Harriett Babbitt
Mi nutes C lerk
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